Marginal note:Requirements relating to notice

490.02907 If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.

2010, c. 17, s. 19.

Marginal note:Application for termination order

490.02908(1) A person who is subject to an obligation under section 490.02901 may apply to a court of criminal jurisdiction for a termination order unless they are also subject to another obligation under that section — or to an obligation under section 490.019, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

Marginal note:Time for application — one offence

(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:

(a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;

(b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or

(c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.

Marginal note:Time for application — more than one offence

(3) If more than one offence is listed in the notice served under section 490.02903, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.

Marginal note:Re-application

(4) A person whose application is refused may apply again if five years have elapsed since the application was made.

2010, c. 17, s. 19.

Marginal note:Termination order

490.02909(1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

Marginal note:Reasons for decision

Marginal note:Requirements relating to notice

(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

2010, c. 17, s. 19.

Marginal note:Appeal

490.0291(1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02909(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, allow the appeal and order a new hearing, quash the termination order or make an order that may be made under that subsection.

Marginal note:Requirements relating to notice

(2) If the appeal court makes an order that may be made under subsection 490.02909(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

2010, c. 17, s. 19.

Marginal note:Obligation to advise police service

490.02911(1) A person who was convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada shall, if the offence is equivalent to one referred to in paragraph (a) of the definition designated offence in subsection 490.011(1), advise a police service within seven days after the day on which they arrive in Canada of that fact and of their name, date of birth, gender and address. They are not required to so advise the police service again unless they are later convicted of or found not criminally responsible on account of mental disorder for another such offence.

Marginal note:Change in address

(2) The person shall, if they are in Canada, advise a police service of a change in address within seven days after the day on which the change is made.

Marginal note:Information to be provided to Attorney General

(3) The police service shall cause the Attorney General of the province, or the minister of justice of the territory, in which it is located to be provided with the information.

Marginal note:Obligation ends

(4) A person’s obligation under subsection (2) ends when they are served under section 490.02902 or, if it is earlier, one year after the day on which they advise the police service under subsection (1).

Marginal note:Time for application — one offence

(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:

(a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;

(b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or

(c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.

Marginal note:More than one offence

(3) If more than one offence is listed in the copy of the Form 1 that was delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.

Marginal note:Re-application

(4) A person whose application is refused may apply again if five years have elapsed since the application was made.

2010, c. 17, s. 19.

Marginal note:Termination order

490.02913(1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

Marginal note:Reasons for decision

Marginal note:Requirements relating to notice

(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

2010, c. 17, s. 19.

Marginal note:Appeal

490.02914(1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02913(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, allow the appeal and order a new hearing, quash the termination order or make an order that may be made under that subsection.

Marginal note:Requirements relating to notice

(2) If the appeal court makes an order that may be made under subsection 490.02913(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.